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Globalization:
There is no specific term as to the meaning of Globalization (G11N ). Different dictionaries give different meaning of the word ‘globalization’. However the term globalization is used in many contexts referring to particular industry. In the business and financial context it would mean that the increase of trade around the world, especially by large companies producing and trading goods in many different countries or a Tendency toward a worldwide investment environment, and the integration of national capital markets .
IMF defines globalization as ‘the process through which an increasingly free flow of ideas, people, goods, services, and capital leads to the integration of economies and societies. Major factors in the spread of globalization have been increased trade liberalization and advances in communication technology’ .

Globalization (globalisation) describes an ongoing process by which regional economies, societies, and cultures have become integrated through a globe-spanning network of communication and execution.
In general globalization is the a governmental policy favoring free trade, open borders, the free movement of capital and goods (but not always of people), elimination of tariffs and price controls (including artificial control of currency values), and the privatization of publicly-owned or controlled enterprises
Factors that have contributed to globalization include increasingly sophisticated communications and transportation technologies and services, mass migration and the movement of peoples, a level of economic activity that has outgrown national markets through industrial combinations and commercial groupings that cross national frontiers and international agreements that reduce the cost of doing business in foreign countries. Globalization offers huge potential profits to companies and nations but has been complicated by widely differing expectations, standards of living, cultures and values, and legal systems as well as unexpected global cause-and-effect linkages. See also free trade .

Today, it has become possible that setting up of manufacturing units in the country where the labor is cheap and selling the goods all over the world. There also a growth in the services sector.
Although world globalization is popularly used today , elements of globalization can be found when the companies started to operate in many countries- elements dates back to 17th century where the companies like British East India company (founded in 1600) and Dutch East India company started to operate.
Dutch East India Company (Vereenigde Oostindische Compagnie or VOC in Dutch, literally “United East Indies Company”) which was founded in 1602 was the World’s First Multinational Corporation to be owned by investors through the issuance of stock equity It was also the first MNC to start a stock exchange in Amsterdam in 1602 .
However modern globalization began when great depression in the international trade took place in 1930s and various countries imposed import restrictions for safeguarding their economies. The USA made many proposals for extending international trade & employment. In 1947, 23 countries signed an agreement (GATT- general agreement on tariffs & trade) related to tariffs imposed on trade.
On 1st January 1995, the WTO replaced GATT, which had been in existence since 1947, as the organization overseeing the multilateral trading system. Upon signing the new WTO Agreements, members of GATT became the WTO members.
The World Trade Organization (WTO) which consists of 153 member nations deals with the rules of trade between nations at a global or near-global level. WTO is an organization for liberalizing trade, a forum for governments to negotiate trade agreements, and a place for WTO members to settle trade disputes.
Today’s Globalization is the result of WTO, fair treatment and the non discrimination is the main principals of WTO.

Globalization of Legal Industry:
Globalisation of legal Industry refers to the opening of legal market/industry in the country to the other nations so that they can set up law firm and offer consultancy services, practice law.etc

Globalization of Law:
Todays modern law passed by the countries in relation with the business, Intellectual properties, corporate law, banking, Internet law reflects the laws of many nations. Amendement to the these laws are carried out to accommodate such changes.
Legal education today is shifting from traditional methods of teaching to more innovative approaches. As we see in many country law schools the law subjects are similar to the other countries as to the basics of law, jurisprudence.
There is also an International law which governs the International Treaties, agreements. Intrnational law today is weak in context of enforcement,compared to the domestic law. As the nations are members of United Nations, sanctioning countries in violition with the International Law lies with the Security council.

Globalization of Legal Profession:
The history of legal profession dates back to the ancient Greece and Rome. Earlier the individuals were supposed to plead their own cases, which was soon bypassed by the increasing tendency of individuals to ask a “friend” for assistance. However, around the middle of the fourth century, the Athenians disposed of the perfunctory request for a friend.
In 204 BC , a law enacted by Romans, barred the advocates from taking fees.Later it was abolished by Emperor Claudius, who legalized advocacy as a profession and allowed the Roman advocates to practice openly
Today one needs to complete the law education approved by the Bar council and has to pass the bar exams of particular state and enroll before the sate to practice in the state.
However, the liberalization in the legal profession has made an individual/lawyer to practice law in other country.

1.England and Wales:
There are about 10,000 Barristers and 60,000 of solicitors in England and Wales today. The General Council of the Bar (known as the Bar Council) and other laws govern the barristers in UK and the Law Society of UK governs the Solicitors in UK. Only the Solicitors and Barristers are allowed to practice in the UK.
Practice of law by foreign lawyer:
Even the Foreign Lawyers eligible to be enrolled as the Solicitor of in England and Wales if he get through in the qualified lawyers of transfer Test(QLTT)
The Qualified Lawyers’ Transfer Test (QLTT), England ’s official transfer exam for foreign attorneys. It is a test in which candidates are expected to demonstrate a basic familiarity with English statutes, cases, practice rules and the principles of common law. QLTT Exams are conducted in many countries annually. The test covers four heads (subject areas): Head 1 – Property, Head 2 – Litigation, Head 3 – Professional conduct and accounts, Head 4 – Principles of common law. There are exemptions to certain countries on this. Generally lawyers from common law countries who have studied their law in English medium needs to sit for professional conduct and accounts ( head 4 ) exam only. However most of the US attorneys need to get through in head 1, 2, and 3 also.

2.Singapore:
As on 2006,there were about 3,476 advocates and solicitors in Singapore. The Law Society of Singapore governs the represents solicitors and maintains and improves standards of conduct and training.
The Legal Profession Act (1967) governs the legal profession in Singapore.
Foreign lawyers are regulated by the Attorney General’s Chambers . The AG’s chamber registers and regulates foreign lawyers. It also formulates laws, rules, guidelines and policies relating to joint law ventures, formal law alliances, representative offices, foreign law firms and foreign lawyers practicing in Singapore and advises on the practical application of the laws governing the legal profession.
Foreign lawyers are required to register individually with the Attorney General’s Chambers in Singapore. Foreign lawyers cannot be sole practitioners and must work as employees, partners or directors in one of the following practice vehicles: As a foreign law firm, A Joint Law Venture (“JLV”),A Formal Law Alliance (“FLA”), As a foreign lawyer in a Singapore law firm.

3. South Africa
There are approximately 13 000 practising attorneys . Law Society of South Africa and regional law societies regulates advocates (barristers) and attorneys (solicitors).
According to section 15(1)(b)(iii) of the Attorneys Act, only the south African LLb holder is allowed to practice in the country. The Act also makes permanent residency or citizenship prerequisite as well as the passing of the South African Attorney’s Admission Examination prerequisite to the admission as attorney in South Africa.
There are certain exceptions to this rule. The Attorneys Act itself relaxes admission requirements with regard to candidates hailing from certain designated countries do not have to serve as candidate attorneys and can be exempted from the need to obtain a South African LLB degree as well as from the need to sit for the South African Attorneys admission examination
Foreign lawyers may establish under home title (e.g. as a Solicitor of England & Wales or as Attorney in USA) and are permitted to practice home and international law. In addition, they can also practice: international finance, project management, and arbitration.
Certain work relating to litigation, appearance in court and conveyancing can only be conducted by South African attorneys. Foreign firms are not permitted to practise local law or to enter into partnerships or fee-sharing arrangements with South African firms. Foreign law firms today have hired.
To practise local law, a foreign lawyer must requalify as a South African attorney. In order to be admitted as an attorney, an individual must have: an LLB degree from a South African university, two years’ service under articles of clerkship with a South African firm of attorneys, successful completion of the attorneys admission exam, South African citizenship or a permit for permanent residence in South Africa, Foreign lawyers must, in addition, attend a training course recognised by the provincial law society and then apply for admission as an attorney .
Changes to the regulation of the legal professions, including the recognition of foreign legal qualifications, are planned. It is likely that a panel will be established to evaluate foreign qualifications under the long-awaited Legal Practice Bill which is released for comment and a draft in progress.

4.UAE
In UAE, Foreign lawyers can practice local law, but only a Dubai national can appear in court in Dubai.
A lawyer who is a national of one of the other Arab Gulf Cooperation Council countries can in certain circumstances obtain a licence to practise and to appear in the Dubai and UAE courts. Practising lawyers have to be licensed to practice law in the Federal courts by the Ministry of Justice and by the Emiri Diwan in the other Emirates. Lawyers must be graduates of a recognised law/Shariah college. The UAE is a member state of the WTO and has scheduled commitments to liberalise its legal services sector under the General Agreement on Trade in Services (GATS).
There are many foreign law firms in UAE today recruits the lawyers from UAE for their practice in UAE courts .

5.Oman
Royal Decree 108 of 1996 regulates the legal profession in Oman. There is no independent bar association or law society. The ministry of Justice maintains a committee to regulate the activities of domestic and international lawyers.
Foreign lawyers are overseen by and required to be registered with the Ministry of Justice in accordance with Royal Decree No. 108/96 regulating the conduct of the legal profession in Oman. Foreign lawyers are required to be licensed to practice in Oman by the Ministry of Justice. At present foreign lawyers can advise on Omani law and if they speak Arabic they can appear before the Omani Courts. Foreign law firms were previously, pursuant to Royal Decree No. 108/96, required to introduce Omani partners into their practices by 31 December 1999. However with the introduction of Royal Decree No. 16/2000, the foreign law firms who had been granted licenses prior to the date of introduction of this law have been given a further extension of 3 years whereafter they will be required to form partnerships with local lawyers in order to establish or have an office in Oman.

6. Abu Dhabi
International law firms can apply for a license directly from the Executive Council in Abu Dhabi. Firms established outside of the UAE will be able to set-up branches in Abu Dhabi provided they satisfy certain conditions. Such as:
1. To have practiced law outside of the UAE for at least 15 years;
2. To have, in aggregate, at least 50 partners;
3. To obtain the consent of the Executive Council of the Government of Abu Dhabi (the “Executive Council”); and
4. To register the branch with the Abu Dhabi Department of Planning and Economy.
The application to the Executive Council must be accompanied by the following documents:
1. A “statement of capabilities” or a “CV” of the firm, containing the type of activities carried out by the main branch, the areas of specialisation and past experience
2. A certificate from the official body under whose supervision the main branch works (such as the “Law Society” or “Bar Association”).
3. A Resolution by the firm’s management to open a branch in Abu Dhabi, specifying the name of the resident partner(s) who will manage the branch;
4. A certificate issued by a bank indicating the financial status of the main branch,
5. The CVs, academic qualifications and professional licenses issued to the legal consultants selected to reside in Abu Dhabi, who may not be less than five, including one or more partner;
6. A draft plan for training and qualifying UAE law school graduates to carry out legal consultancy work, including training them at the main office, and
7. An undertaking from the managers of the main branch that the Abu Dhabi branch will carry out its activities according to the highest professional standards. .

7. California
There are over 160,000 active lawyers in the State of California. Only the lawyers who have passed the bar exams and enrolled before the California bar council are allowed to practice in California. Lawyers from the other states of California can take up the Bar exam and enroll before the bar council of California to practice in California.
Solicitors qualified in England and Wales can sit for bar examination on the basis of the solicitor qualification (Rule 4.30 of the Rules of the State Bar.)
An alternative route for foreign lawyers to practice in California is available via a Foreign Legal Consultant license which permits foreign lawyers restricted legal practice within the State on the basis of their home country qualifications and experience. A Foreign Legal Consultant in California may provide legal services relating to the law of the country in which they are licensed to practice law. They must file an annual report with the State Bar of California and an annual renewal fee. Foreign Legal Consultants are subject to certain restrictions: they cannot provide legal advice on the law of the State of California nor on the laws of the USA; they cannot appear in court as an attorney for anyone other than himself or herself;
There are also restrictions on the type of work a Foreign Legal Consultant may do, mainly relating to property, probate and family law.
The State Bar of California may issue a license to practice as an Foreign Legal Consultant to lawyers who: are a member in good standing of a recognised legal profession in a foreign country; who are admitted to practice as an attorney or equivalent and subject to effective regulation and discipline by a duly constituted professional body or public authority; who have been engaged in the practice of law for at least four of the six years immediately preceding the application.
Applicants must supply proof of admission to practice in their home country and evidence of educational and professional qualifications. The 2003 California Rules of Court set out the rules for Foreign Legal Consultants under Rule 988.

8. New York
There are over 147,000 resident and active lawyers in the State of New York. It is required to pass the Multistate Professional Responsibility Examination (MPRE), and a character and fitness investigation to qualify as an attorney in New York. The New York State Board of Law Examiners administers the bar exam. It is open to graduates of US and foreign law schools, although rules vary depending on whether the law school is an ABA-approved US law school, a non-ABA approved US law school or a foreign law school (see below for special provisions relating to graduates of foreign law schools).
Section 520 of the Rules of Courts of Appeals outlines the eligibility rules for candidates to sit the New York State bar examination.
Lawyers with foreign law degrees may qualify to take the bar examination under the rules outlined in section 520.6 of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law.
New York requires that candidates who have received their legal education outside of the USA demonstrate that their legal education is the qualitative and quantative equivalent of the legal education requirements to those who have received their legal education in the USA.
If a candidate has qualified as a lawyer in an English common law jurisdiction the programme of study must be the quantative equivalent of legal education at an ABA-approved law school. If not, applicants must complete a programme of a minimum 20 credit hours at an ABA-approved law school.
Solicitors qualified in England and Wales must have 3 years’ formal education in order to sit the New York State bar examination. Solicitors who have qualified via the Common Professional Examination (CPE) route are not recognised as having an adequate legal qualification in order to sit the bar examination. These candidates must complete an additional 20 hours of study.
Candidates must provide proof of admission to practice in the jurisdiction in which they are qualified, or if not admitted, proof that they have successfully completed the educational requirements needed to practice in that jurisdiction. For applicants from England and Wales, this means proof of their law degree, Legal Practice Course (LPC) and completed training contract.
A Foreign Legal Consultant license allows lawyers qualified in a non-US jurisdiction to provide legal services in the State of New York on their home country law or the laws of other jurisdictions in which they are qualified.
Foreign Legal Consultants are subject to certain restrictions: they cannot provide legal advice on the law of the State of New York nor on the laws of the USA; they cannot appear in court as an attorney for anyone other than himself or herself; they cannot hold themselves out as a member of the New York State Bar.
There are also restrictions on the type of work a Foreign Legal Consultant may do; mainly relating to property, probate and family law.
The Supreme Court may issue a license to practice as a Foreign Legal Consultant to lawyers who: are a member in good standing of a recognised legal profession in a foreign country; who are admitted to practice as an attorney or equivalent and subject to effective regulation and discipline by a duly constituted professional body or public authority; who have been engaged in a practice of law for at least three of the five years immediately preceding the application.
Applicants must intend to ptactice as a legal consultant in the State of New York and maintain an office for this purpose. They must supply proof of admission to practice in their home country and evidence of educational and professional qualifications.
Part 521 of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law covers the rules regarding Foreign Legal Consultants.

9. Texas
There are approximately 70,000 practicing lawyers in Texas. The State Bar of Texas regulates the profession .One needs to complete Texas bar exam conducted by Texas Board of Law Examiners to qualify as an attorney in Texas and enroll before Texas bar council. The State Bar requires that every attorney completes fifteen hours of continuing legal education each year to maintain an active law license.
Foreign lawyers must demonstrate that the legal education that they have received is the substantial equivalent of the education provided by an ABA-approved law school. Applicants must submit proof of their educational qualifications to a professional credential evaluation service.
Foreign legal consultants:
An alternative route for foreign lawyers to practice in Texas is available via a Foreign Legal Consultant license which permits foreign lawyers restricted legal practice within the State on the basis of their home country qualifications and experience.
Foreign Legal Consultants are subject to certain restrictions: they cannot provide legal advice on the law of the State of Texas nor on the laws of the USA; they cannot appear in court as an attorney for anyone other than himself or herself; they cannot hold himself or herself out as a licensed Texas attorney.
There are also restrictions on the type of work a Foreign Legal Consultant may do, mainly relating to property, probate and family law, and on the name or title of his or her practice.
The Supreme Court may issue a license to practice as an Foreign Legal Consultant to lawyers who: are a member in good standing of a recognized legal profession in a foreign country; who are admitted to practice as an attorney or equivalent and subject to effective regulation and discipline by a duly constituted professional body or public authority; who have been engaged in the practice of law for at least three of the five years immediately preceding the application; possesses the good moral character and general fitness requisite for a member of the Texas Bar; is at least twenty-six (26) years of age; who intends to practice as a legal consultant in the State of Texas and maintain an office for this purpose .

10. Australia
There are approximately 45,000 solicitors and 5,000 barristers in Australia. The Law Council of Australia, governs the legal profession in Australia.
English law degrees are generally recognized in Australia, but further re-qualification may be required depending on individual state’s own rules .
Requirement for foreign practitioner registration in Australia/“fly-in, fly-out” rights of foreign lawyers:
The Model imposes a general prohibition on the practice of foreign law in Australia unless the practitioner is an Australian-registered foreign lawyer or an Australian legal practitioner.
However, an overseas-registered foreign lawyer will not be subject to the general prohibition on practicing foreign law in Australia provided the lawyer:
1. practises foreign law in Australia for one or more periods that do not in aggregate exceed 90 days in any period of 12 months, or is subject to a restriction under the Migration Act 1958 of the Commonwealth of Australia that has the effect of limiting the period during which work may be done, or business transacted, in Australia, and
2. Does not maintain a legal office for the purpose of practicing foreign law or does not become a partner or
3. director of a law practice in Australia.

Granting of registration to foreign lawyers
Registration is granted by the relevant state or territory authority and may include conditions or restrictions as deemed appropriate. Under the Model legislation, in order to become an Australian-registered foreign lawyer:
1. the foreign lawyer must be entitled to practise law in a foreign jurisdiction, in that the lawyer is properly registered to engage in legal practice in (that) foreign country by the foreign registration authority for the country;
2. the jurisdiction in question must have an effective system of regulating the practice of law; and
3. the lawyer must be a fit and proper person to be registered as an Australian-registered foreign lawyer.
Permissible scope of practice (including employment issues) of an Australian-registered foreign lawyer:
There are limitations on the scope of practice by an Australian-registered foreign lawyer.
The permissible services are:
1.doing work, or transacting business, concerning the law of a foreign country where the lawyer is registered by the foreign registration authority for the country;
2.legal services (including appearances) in relation to arbitration proceedings of a kind prescribed under the regulations;
3.legal services (including appearances) in relation to proceedings before bodies other than courts, being proceedings in which the body concerned is not required to apply the rules of evidence and in which knowledge of the foreign law of the country in which the foreign lawyer is registered is essential; and legal services for conciliation, mediation and other forms of consensual dispute resolution of a kind prescribed under the regulations.
The Model legislation prohibits an Australian-registered foreign lawyer from appearing in any court (except on his or her own behalf) and from practicing Australian law in Australia except when the lawyer is advising on the effect of an Australian law where the giving of such advice is “necessarily incidental to the practice of foreign law” and the “advice is expressly based on advice given on the Australian law by an Australian legal practitioner who is not an employee of the foreign lawyer”.
4.An Australian-registered foreign lawyer is permitted to employ one or more Australian legal practitioners but such employment does not allow the foreign lawyer to practice Australian law in Australia. In addition, the Australian legal practitioners so employed (unless employed in a law firm with an Australian-registered foreign lawyer as a partner with at least one other partner an Australian legal practitioner) must not provide advice on Australian law to, or for use by, the foreign lawyer or practice Australian law in Australia in the course of that employment.
Form of practice of an Australian-registered foreign lawyer:
In general terms, an Australian-registered foreign lawyer may engage in the practice of foreign law in the following ways (subject to any conditions imposed on his or her registration):
1. on his or her own account;
2. in partnership with one or more Australian-registered foreign lawyers and/or one or more Australian legal practitioners;
3. as a director or employee of an incorporated legal practice or as a partner or an employee of a multidisciplinary
4. partnership (provided legal practice in that form is permitted by the relevant state or territory);
5. as an employee of an Australian legal practitioner or law firm; or
6. as an employee of an Australian-registered foreign lawyer.
Applying for registration
An overseas-registered foreign lawyer is eligible to apply to the “domestic registration authority” for the grant or renewal of registration as a foreign lawyer. An application must be made in the approved form and accompanied by the required fees (which are not to be set so as to be greater than the maximum fees for a practising certificate in the relevant Australian jurisdiction). An applicant may also be required to meet any reasonable costs, for example, costs associated with making inquiries into the applicant’s qualifications, incurred by the domestic registration authority.
Various matters are to be included in an application for registration, for example:
1. details of the applicant’s educational and professional qualifications;
2. A statement that the applicant is registered to engage in legal practice by one or more specified foreign
3. registration authorities in one or more foreign countries;
4. A statement that the applicant, in his or her capacity as a lawyer, is not the subject of disciplinary
5. Proceedings in Australia or in a foreign country, including any preliminary investigations that might lead to disciplinary proceedings;
5. a statement whether the applicant has been convicted of an offence, in which case an applicant is required to provide certain details about that matter.
Various matters are to be included in an application for registration, for example:
1.details of the applicant’s educational and professional qualifications;
2. a statement that the applicant is registered to engage in legal practice by one or more specified foreign
3. registration authorities in one or more foreign countries ;

11. China
There about 130,000 lawyers who work in around 11,000 domestic law firms in China. China’s lawyers are represented and regulated by the All China Lawyers Association (ACLA) which was founded in 1986.
Foreign law firms have been permitted to maintain representative offices in the People’s Republic of China (PRC) since 1992, and recent figures from the Ministry of Justice indicate that 114 firms have chosen to do so. Foreign law firms can establish multiple representative offices in the PRC and a number of firms now have more than one representative office although there are certain restrictions attached to this as outlined below.
China’s foreign law firm regulations, set out by its State Council, outline the services that foreign law firms can legitimately provide in China. Foreign law firms are permitted to advise clients on the law of the firm’s jurisdiction and on international conventions and practices. Second, they can advise clients on the implications of the Chinese legal environment. Third, they are permitted to form long-term co-operation agreements with Chinese law firms.
Foreign law firms must engage Chinese firms to advise on PRC law and cannot employ PRC lawyers, unless they give up their PRC practicing certificate. Foreign firms cannot form joint ventures with local PRC law firms. Those foreign lawyers working in China must register annually; and approval of licenses can be a lengthy and bureaucratic process.
In terms of opening up additional representative offices, a foreign firm can only do so when its “most recently established representative office has been engaged in practice for three consecutive years.”
UK Lawyers are not able to qualify as Chinese lawyers and the Chinese lawyers are not permitted to sit the Qualified Lawyers Transfer test in England and Wales
In December 2001, China acceded to the WTO and made a number of commitments on the further liberalization of legal services .

12. Hong Kong
The legal profession is made up of solicitors, regulated by the Law Society of Hong Kong, and barristers, regulated by Hong Kong’s Bar Association. As in the UK, solicitors enjoy limited rights of audience in the Hong Kong courts. Hong Kong’s higher courts are: the High Court; the Court of Final Appeal.
There are currently over 5,000 practicing solicitors and more than 650 firms in Hong Kong. In 2007 there were 49 foreign law firms – 22 of them British and 906 foreign lawyers.
Certain restrictions still apply to foreign lawyers and firms:
1. Foreign lawyers cannot employ or enter into partnerships with Hong Kong solicitors to practise Hong Kong law.
2. A registered foreign firm may enter into an association with a local firm, sharing premises, facilities and personnel, provided that the ratio of foreign lawyers to local lawyers does not exceed 1:1
3. Foreign lawyers and foreign law firms may practise the law of their home jurisdictions or that of a third country, and are subject to the Foreign Lawyers Practice Rules.
4. Anyone offering their services to the public as a practitioner of foreign law, other than a solicitor or barrister, must register with the Law Society of Hong Kong as a foreign lawyer.
To qualify for registration with the Law Society of Hong Kong, foreign lawyer must:
1. be a person of good standing in the jurisdiction in which they qualified
2. must be a fit and proper person;
3. A foreign law firm must be of good standing and must have substantial experience.
Under the Law Society of England & Wales Qualified Lawyers Transfer Regulations, Hong Kong lawyers are still entitled to automatic admission as solicitors in England and Wales on the basis of their Hong Kong qualifications. However, UK lawyers must sit the Qualified Lawyers Qualification Examination (QLQE) to requalify as a Hong Kong solicitor.

13. India
There about One million (1000000) in India. Bar council of India and state bar council rules, regulates the lawyers in the country. A lawyer enrolled in one state is allowed to practice in that state and before the Supreme Court. However, he is not allowed to practice in other state unless he makes an application to the Bar Council of India requesting for transfer of his name from the roll of state bar council where he is enrolled to other bar council within 6 months of his practice in other state.
Although foreign law firms were allowed set up liason office in India, foreign lawyers are not allowed to practice in Indian Courts. Foreign law firms in India today can offer consultancy services to its clients. There are many foreign law firms in India today .
Requalification as an Indian Advocate
It is possible for a foreign lawyer to seek admission as an Indian advocate under the following conditions:
1. if citizens of India, duly qualified, are permitted to practise law on a reciprocal basis in his/her country of nationality;
2. if he/she has a degree from a University recognised by the Bar Council of India
3. if he/she is over 21 years of age;
4. if he/she fulfils any other conditions as laid down under the rules made by the relevant State Bar Council under the provisions of the Advocates Act.

14. Japan
In 2007 there were 23,133 Japanese lawyers (known as Bengoshi) and 230 law corporations in Japan. One needs to pass the competitive national bar exam and candidates must complete an eighteen-month training period organised by the Legal Training and Research Institute (LTRI)to become lawyer in Japan.
Japan liberalised its system in 1995, by allowing local joint enterprises between Japanese and resident foreign lawyers. The ‘joint enterprise’ arrangement proved unsatisfactory because it denied Japanese bengoshi membership of a major international law firm, whether as a partner or associate. The joint enterprise did not give bengoshi the benefits that full membership of a firm would have brought, in respect of status, remuneration, training, resources and career prospects. Clients could still not obtain the advice they required from a single firm capable of advising them on all aspects of the same transaction. It resulted in three separate organisations (the Japanese partnership, the foreign partnership and the joint enterprise) instead of what would otherwise be a single organisation multi-national partnership.
Since 2005 Japanese and registered foreign lawyers have been able to provide legal services through a single law firm, and foreign law firms have been allowed to employ Japanese lawyers.
Lawyers from foreign countries may be eligible to become foreign special members (Gaikokuho-Jimu-Bengoshi) of the JFBA and advise on the law of the country in which they qualified.
Foreign special members may not practice law within a prescribe rang, such as representation in proceedings at courts, public prosecutor’s offices or other governmental agencies or appraisal relating to a law other than the law of the country of primary qualification.
With permission foreign special members may also practise law relating to other countries. In cases involving international arbitration, a foreign special member may represent a client regardless of the case’s governing law.
To qualify as foreign special member an applicant must:
1.be a qualified lawyer
2.have three or more years post-qualification experience (up to one year’s experience in Japan working for a Japanese lawyer or a registered foreign special member may be credited towards this) not have been disbarred under the laws of their home country or Japan within the previous three years
3.be personally committed and legally and financially able to practise in Japan
4.be able to compensate clients for any damages caused through malpractice
Lawyers from any jurisdiction may sit the bar exam and qualify as a lawyer. However Japanese citizenship is required to serve as a judge or prosecutor.

15. Korea
With about 5,000 members, the Korean Bar Association (KBA) is the main regulatory body for lawyers in Korea. It also represents 14 local bar associations. Membership of the KBA is compulsory for all practicing lawyers.
Under the Korean Attorney-At-Law Act, a foreigner must pass the Korean Bar examination in order to practise as a lawyer in Korea. There is no knowledge of any foreigner actually achieving this.

In order to become a lawyer in Korea, a candidate must pass the Judicial Examination and complete a 2-year training course at the Judicial Research and Training Institute. After finishing the course, the candidate may be appointed as a judge or a prosecutor, or practice law as a private attorney. At the beginning of 2000 the total number of judges was 1,508, there were 1,134 prosecutors but only 3,800 private practitioners. In the last five years this number has nearly doubled to 6,600, however, the underdeveloped legal sector is still seen as a drag on the economy.
Over the past few years, Korea has begun to pursue widespread reform across its criminal and civil justice system. These reforms have had a direct impact on the profile of the legal profession. First, Korea has taken steps to increase the number of its lawyers. Tough bar exams had until recently restricted the supply of new lawyers to around 300 a year, making both firms and lawyers more generalist than specialist. However, under recent changes, 1000 new lawyers are being qualified each year. This has caused some short term problems since there are not enough law firms to provide employment to the new lawyers coming on the market.
Second, expanding the number of Korean lawyers has not addressed the shortage of international legal practice skills that Korea faces. Korea is the 11th or 12th largest economy in the world but has only around 10 firms doing most of the international legal work. Korea is now beginning to tackle this problem by undertaking a limited opening of its legal market.
Foreign law firms are at present not allowed to establish in Korea, nor are foreign lawyers allowed to practise law in Korea. Although, a number of individual foreign lawyers have been widely employed as foreign legal consultants by Korean law firms for over 20 years, they are not permitted to operate independently yet, nor are they subject to any formal registration or enrolment system. The EU Chamber of Commerce estimates that foreign lawyers often fly in to consult with their clients but since they are usually based either in Hong Kong or Singapore, this all adds to the general expense of legal services in Korea.

16. Belgium
The Belgian legal system is based on the civil law tradition.Due to the linguistic division in Belgium, lawyers are either Avocat (French), Advocaat (Flemish) or Rechtsanwalt(German). There are over 6,000 lawyers registered with the French- and German-speaking Bar Association and over 8,400 registered with the Flemish-speaking Bar Association.
There are two federal bars in Belgium : the Ordre des barreaux francophones et germanophones (O.B.F.G.- French- and German-speaking Federal Bar) and the Orde van Vlaamse Balies (O.V.B. – Flemish speaking Federal).
Regulation lies with the local bar association in one of the 27 judicial districts. The bilingual judicial district of Brussels has two bar associations, one Flemish-speaking and one French-speaking.
Belgium implemented the Establishment Directive 98/5/EC. Establishment is permitted for EU, EEA and Swiss nationals who are qualified in these countries. It allows them to give advice in international law, the law of their home country as well as Belgian law. Registration under this directive is with the local bar associations for French and German-speaking and for Flemish-speaking (click on “Lokale Balies”).
Legal services by EU, EEA and Swiss qualified lawyers can also be provided cross-border on a temporary basis under the provisions of the Lawyers Services Directive 77/249/EEC. Contrary to the Establishment Directive, there are no conditions of nationality under the Lawyers Services Directive.
Solicitors of England and Wales (and other EU, EEA and Swiss qualified lawyers) seeking to requalify in Belgium can do so in two ways:
1.Through Art. 10 of the Establishment Directive 98/5/EC, under conditions of nationality and after three years of regular and effective practice of French law in France . Applicants need to contact their local bar of registration;
2.Through the Diplomas Directive 89/48/EEC, now incorporated into the Recognition of Professional Qualifications Directive 2005/36/EC, by sitting the relevant equivalence examination administered by the OBFG or the OVB .

17. France
The French legal system is based on the civil law tradition. France has a monist civil code legal tradition with a Latin notarial system. This system was principally introduced under Napoleon following the French Revolution and it superimposed French canonical customary law that had, at heart, the principle of the absolute sovereign.
France is ruled by a strict hierarchy of norms. Highest is the Constitution, followed by parliamentary statutes (les Lois) that also include a sub-hierarchy: institutional act (loi organique), ordinary act (loi ordinaire) and then ordinance (ordonnance).
The executive power has right to enact regulations (règlements) which are called décrets (for Prime Minister and President of the Republic) and arrêtés (for the rest of the executive branch).
It is internationally renowned for having produced the Napoleonic Code Civil which spread to other parts of Europe and the world.
The French profession of avocat stood at over 47,000 on 1 January 2007. Almost half of the profession practise in the Paris region.
Notaires (civil law notaries) play an important role to play in the French legal system for conveyancing, probate and related family matters. They numbered 8,595 on 1 July 2007.
Regulation lies with the 181 Barreaux (local bar associations). Registration is mandatory to be able to practice
The Paris Bar, with over 17,000 avocats, is by far the most influent ial bar association of all French bars . The 180 provincial bars have organised themselves into the representative Conférence des Bâtonniers to exert some influence on the evolution of the profession.
The Conseil National des Barreaux, created in 1990, is the overarching national body for all French bars and deals with the following functions:
1. representation of the profession of avocat in France and abroad;
2. harmonisation of rules and regulations for the profession of avocat;
3. professional training for avocats;
4. access/requalification to the profession of French avocat for foreign lawyers.
France implemented the Establishment Directive 98/5/EC. Establishment is permitted for EU, EEA and Swiss nationals who are qualified in these countries. It allows them to give advice in international law, the law of their home country as well as French law. Registration under this directive is with the local Barreau.
Legal services by EU, EEA and Swiss qualified lawyers can also be provided cross-border on a temporary basis under the provisions of the Lawyers Services Directive 77/249/EEC. Contrary to the Establishment Directive, there are no conditions of nationality under the Lawyers Services Directive .

18. Germany
The German legal system is based on the Romano-Germanic Civil Law tradition.
The German profession of Rechtsanwalt (lawyer) stood at 142,830 on 1 January 2007.
The German profession of Steuerberater (tax adviser) has also been approved by the Solicitors Regulation Authority (SRA) for the purpose of Multi National Partnerships (MNPs).
Approximately 9,500 lawyers practise as Notar (Civil law notary) in Germany. German law requires their intervention in many business and commercial transactions, as well as in probate, conveyancing and some family matters.
The BRAK (Bundesrechtsanwaltskammer) is the federal regulatory organisation for the profession of Rechtsanwalt. Regulation actually lies with the 27 regional Rechtsanwaltskammern and the one attached to the Bundesgerichthof (Federal Court of Justice) in Karlsruhe. Membership is compulsory.
In addition to the regulatory bodies, the DAV (Deutscher Anwaltverein) is the representative body for its 66,000 Rechtsanwälte members. It has branches throughout Germany as well as in France, Italy and the United Kingdom.
Germany implemented the Establishment Directive 98/5/EC. Establishment is permitted for EU, EEA and Swiss nationals who are qualified in these countries. It allows them to give advice in international law, the law of their home country as well as German law. Registration under this directive is with the local Rechtanwaltskammer.
Non-EU/EEA/Swiss nationals who are however qualified in the EU/EEA or Switzerland can establish in Germany but are restricted to give advice only in international law and the law of their home country.
Legal services by EU, EEA and Swiss qualified lawyers can also be provided cross-border on a temporary basis under the provisions of the Lawyers Services Directive 77/249/EEC. Contrary to the Establishment Directive, there are no conditions of nationality under the Lawyers Services Directive.
Under Section 206 of the Legal Profession Act (Bundesrechtsanwaltsordnung – BRAO), the Federal Ministry of Justice has approved the following foreign professions as being equivalent to the German’s lawyer profession and therefore entitled to the right of establishment in Germany to give advice in international law and the law of their home country:Argentina (Abogado),Australia (Barrister, Solicitor, Legal Practitioner),Bolivia (Abogado),Brazil (Advogado),Cameroon (Avocat/Advocate),Canada (Barrister, Solicitor),Croatia (Odvjetnik),India (Advocate),Israel (Orech-Din),Japan (Bengoshi),Mexico (Abogado),Namibia (Legal Practitioner/Advocate/Attorney),New Zealand (Barrister, Solicitor),Russian Federation (Advokat),South Africa (Attorney/Prokureur, Advocate/Advokaat),Turkey (Avukat),USA (Attorney-at-Law),Venezuela (Abogado) .

19. Poland
As on 2006, ther are 22,545 Legal Advisers (Radca Prawny)and 8,990 Adwokat in
Adwokat have a monopoly on representation in criminal matters although they work in all practice areas. The legal advisers work in all practice areas but criminal and can also work in-house. Members of both professions can go into partnership with one another.
The profession of Legal Advisers is regulated by the National Council of Legal Advisers (Krajowa Izba Radców Prawnych – KIRP) at the national level and by 19 local Councils at the local level. The profession of Adwokat is regulated by the Polish Bar Council (Naczelna Rada Adwokacka) at the national level and 24 local bar associations at the local level.
Poland implemented the Establishment Directive 98/5/EC. Registration under this directive is with the local bar or council (see above links). European lawyers may choose between the two professional bodies but then become bound by the code of ethics of the body of their choice .

20. Russia
The Russian legal system is based on the Civil Law tradition. Russian lawyers who are called as advocates (Адвокаты), are governed by advocacy act 2002.
Foreign lawyers can practice in Russia and can provide advice on international law and their home law. Foreign practices must register as firms with the Ministry of Justice.
The Russian profession of advocate has been approved by the SRA for the purposes of Multi-National Partnerships (MNPs).

21. Spain
As on 2006 there were 116,394 practicing lawyers in Spain. Local bar associations (Colegios de Abogados ) governs the lawyers in Spain. Only the lawyers registered before these Associations are allowed to practice in the country. There are some relaxations for EU member country.
Spain implemented the Establishment Directive 98/5/EC. Establishment is permitted for EU, EEA and Swiss nationals who are qualified in these countries. It allows them to give advice in international law, the law of their home country as well as Spanish law. Registration under this directive is with the local Colegio.

Globalization of Law firms:
Law firm is an group/organization or business entity formed by one or more lawyers for the purpose of providing legal service and practice to the clients who are need of assistance in civil or criminal cases. Most of the law firms today organized as partnership firms where the partners are joint owners and business directors of the legal operation.
The world’s oldest continuing partnership is that of Cadwalader, Wickersham & Taft, founded in 1792 in New York City . According to Alton B.Parker, Marshau and Son is the world’s oldest law firm .
In response to the globalization of business law and in order to serve giant, transnational companies, law firms are globalizing their practice. The biggest firms are merging across borders, creating mega practices with several thousand professionals in dozens of countries.
Today, most of the International law firms operate in more than 40 countries including Abu Dhabi , Argentina, Australia, Austria, Aberjian, Bahrain, Belgium, brazil, Canada, chili, china, Columbia, Chez Republic, Egypt, England, France, Germany, India, Hungary, Indonesia, Italy, Japan, Kazakhstan, Malaysia, Mexico, Netherlands, Philippines, Poland, Russia, Saudi Arabia, Singapore, Spain ,Sweden, Switzerland, Taiwan, Thailand, Ukraine, USA, Vietnam, Venezuela. All these possible as the countries were member to the WTO and liberalized their legal services.
Most of the international law firms today hire the legal talent from the country where it has got office as the partners, associates and lawyers. There are also lawyers eligible to practice in 2-3 countries. For example: US lawyer may have license to practice in UK, Australia, and South Africa. All it depends on the eligibility to practice law and enrollment before such bar councils and societies.
Most of the International Law firms receives more than 50% of revenue from the corporate side. International Law Firms Practice areas mainly includes corporate, M&A, Securitization, IPR, Infrastructure, loans and credits, securities, commercial litigation, agreements, contracts, and real estate.

Globalization and LPO (legal process outsourcing):
India, South Africa, Sri Lanka, Singapore, and Malaysia are the major Legal Process Outsourcing destinations in the world. Almost 80% of LPO services are outsourced to India. Outsourcing Legal work to India began in 1995, when the US based Bickel and Brewer opened its office, Imaging & Abstract International (captive LPO and Subsidiary of Bickel and Brewer LLC) in Hyderabad. I & A International dealt with digitalization of the legal documents and creating searchable databases such as to scan, abstract and index documents. Later on, the firm hired lawyers to review documents produced in lawsuits. In 2001, GE was the first company to offshore its in-house legal work in India. Since then a lot of companies have entered the arena in one form or other.
Allen & Overy (UK) and Hammonds (UK) both began outsourcing word processing and document production to India in 2003. Milbank Tweed Hadley & McCloy of the US is outsourcing work in India.
Outsourcing is not a new phenomenon. Driven by the competition and the temptation of cheaper labor, the industry took off in the late 1980’s with the rise of outsourcing manufacturing jobs abroad. After the rapid increase in telecommunication, Internet and information technology, outsourcing of white-collar jobs started to take place.
Although LPO providers cannot advise on US and UK law, they can provide assistance to the US attorneys and UK solicitors in Legal Research, E-Discovery, Contract Review, and Litigation support services.
LPO’s also have contributed to the idea of Globalization of the Legal Industry.

Source:

http://acronyms.thefreedictionary.com/Globalization

http://dictionary.cambridge.org/define.asp?key=33185&dict=CALD

http://financial-dictionary.thefreedictionary.com/globalization

https://www.imf.org/external/np/exr/glossary/showTerm.asp#91

http://en.wikipedia.org/wiki/Globalization

http://definitions.uslegal.com/g/globalization/

http://encyclopedia2.thefreedictionary.com/globalization

http://www.articlesbase.com/international-business-articles/the-dutch-east-india-company-was-the-worlds-first-multinational-corporation-1278429.html

http://www.experiencefestival.com/a/Dutch_East_India_Company/id/2024886

http://en.wikipedia.org/wiki/Dutch_East_India_Company

http://www.exchange-handbook.co.uk/index.cfm?section=articles&action=detail&id=60613

http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm

http://www.wto.org/english/thewto_e/whatis_e/tif_e/fact1_e.htm

http://en.wikipedia.org/wiki/History_of_the_legal_profession

http://www.encyclopedia.com/doc/1O245-legalprofession.html

http://www.qltt.com

www.fleindia.com
www.qltt.in

http://www.collaw.edu.au/Future-Students/Lawyers-Crossing-Borders/Qualified-Lawyers-Transfer-Test/QLTT-Eligibilty/

http://www.lawsociety.org.uk/becomingasolicitor/outsideengandwales/transfertest.law

http://www.sra.org.uk/solicitors/qltt.page

http://www.qltt.co.uk/

http://www.qltt.com/international-english-solicitor/index.htm

http://international.lawsociety.org.uk/ip/asia/596/practise

http://www.sra.org.uk/sra/regulatory-framework/3024.article)

http://www.qltt.com/what_overview.htm

http://www.agc.gov.sg/lps/index.html

http://www.lawinfo.org.za/courts/legal_system.asp

http://www.ialsnet.org/meetings/business/HagenmeierCornelius-SouthAfrica.pdf

http://international.lawsociety.org.uk/ip/africa/568/practise

http://www.info.gov.za/bills/2000/draftlpb.htm

http://international.lawsociety.org.uk/ip/africa/1014/practise

http://www.omanet.om/english/oman2000/sec5/1.asp

http://international.lawsociety.org.uk/ip/africa/1018/practise

http://international.lawsociety.org.uk/ip/americas/612

http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10163

http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10163&id=1304

http://international.lawsociety.org.uk/ip/americas/616/practise

http://international.lawsociety.org.uk/ip/americas/612/practise

Follow this link for rules http://www.law.northwestern.edu/career/llm/documents/NY_FLC_rules.pdf

http://www.ble.state.tx.us/

http://www.texasbar.com/Template.cfm?Section=Home&Template=/ContentManagement/ContentDisplay.cfm&ContentID=14051

http://www.texasbar.com/Template.cfm?Section=Pro_Bono_and_Community_Service&Template=/ContentManagement/ContentDisplay.cfm&ContentID=9163

http://international.lawsociety.org.uk/ip/americas/618/practise

http://international.lawsociety.org.uk/ip/asia/1073/practise

http://www.actlawsociety.asn.au/

http://www.lawcouncil.asn.au/shadomx/apps/fms/fmsdownload.cfm?file_uuid=314C0D0B-1C23-CACD-2253-F19A22E78A87&siteName=lca (Foreign lawyers and the practise of foreign law in
Australia)

http://www.lawcouncil.asn.au/information/foreign-lawyers/foreign-lawyers_home.cfm

http://international.lawsociety.org.uk/ip/americas/618/practise

Analyses private relations

In

Iranian civil code

Author: EHSAN ZARROKH

LLM OF ISLAMIC LAW

Zarrokh2007@yahoo.com

Abstract

Civil law or private Body of law developed from Roman law and used in continental Europe and most former colonies of European nations, including the province of Quebec and the U.S.

The most significant codifications of modern civil law were the French (Napoleonic code) and the German (German civil code). The basis of law in civil-law jurisdictions is statute, not custom; civil law is thus to be distinguished from common law. In civil law, judges apply principles embodied in statutes, or law codes, rather than turning to case precedent. French civil law forms the basis of the legal systems of The Netherlands, Belgium, Luxembourg, Italy, Spain, most of France’s former possessions overseas, and many Latin American countries. German civil law prevails in Austria, Switzerland, the Scandinavian countries, and certain countries outside Europe, such as Japan, that have westernized their legal systems. The term is also used to distinguish the law that applies to private rights from the law that applies to criminal matters: our means civil law opposed criminal law, I must avowal that Iranian Islamic civil law influenced by French & German code; though our civil code different from them because we have great jurisprudence sources in civil law and according to the Iranian constitution all code must based on FIFG.

Now I perfect talk about some topics as legacy and will, persons, Guardianship, Nationality, Domicile, Continuously Absent Persons, Marriage, temporary marriage, Dowry and Divorce.

1) LEGACY & WILL

These are the most complicated terms in Iranian Islamic law because they have many outgrowths and related to mathematic, they derivative of KORAN(SUREH:AL’NISA)

Since there are many themes about these topics I prefer to point some of them that related to human and especially women rights.

All of us know there are some things that we respect to them as ownership, means you can do any thing with your property before death or after but under Islamic civil law your decisions for your property after death your limited to one – third of your property, this sentence state in article 843″ The testamentary disposition of more than one – third of the estate is not valid, except with the permission of the heirs; and if some of the heirs agree, the disposition applies only to the share of those heirs.” I think legal orders shouldn’t compel people in their private life.

Exclusion from Inheritance (HUJB) this phrase express in article 886″ Exclusion from Inheritance (HUJB) is the name given to the state of an heir who is completely or partially excluded from taking an inheritance owing to the existence of another heir.” And have two classes that sate in article 887″ Exclusion from inheritance is divided into two classes: First, when the heir is deprived of the inheritance totally, e.g. a brother’s son is deprived of the inheritance owing to the existence of deprived of an inheritance owing to the existence of brothers of the full blood Second, when the portion of an heir is lessened from the highest grade to the lowest grade; as for instance when the share of a husband is lessened from a half to a quarter whenever there are children from the wife; and similarly when the share of the woman is reduced from a quarter to an eight when ever there are children from her husband.”

This order absolutely against humanity also restrict women rights; can you accept your mother share decrease who to give birth to you this sentence express in article 892″ Partial exclusion from inheritance of a share occurs in the following cases 1 – Whenever the deceased has children or grandchildren, in that case the parents of the deceased may not take more than one – third of the estate, except in accordance with Articles 908 and 909, in which case it is possible for either of the parents to take, by way of relationship or remainder, more than one sixth; and similarly the husband is restrained from taking more than one quarter, and the wife from taking more than one – eighth. 2 – Whenever the deceased has brothers or sisters. In that case the mother of the deceased is restrained from taking more than one – sixth, provided that:

a – There be at least two brothers, or one brother with two sisters, or four sisters

b – Their father is still alive.

c – She under no incapacity for inheriting, except for reasons of murder; and

d – The brothers and sisters of the deceased be of the full – blood or on the father’s side.”

Last proposition re legacy & will is woman (girl, wife, mother and sister) heritage now I want explain some articles correlate to this, Article 907 – If the deceased leaves no parents, but has one or more children, the estate will be divided as follows: If the offspring consists of only one, whether son or daughter, the whole of the estate belongs to that child. If there are several children, but all are sons or all daughters, the estate will be divided equally among them.

If there are several children, some being sons and some daughters each son takes twice as much as each daughter.

Article 908 – If the father or the mother of the deceased, or both parents, are alive,

Together with one daughter, the share of each one of the father and the mother will be

One-sixth of the estate; and the share of the daughter will be one – half there of. The

Remainder must be divided among all the rest of the heirs in proportion to the share of

Each; unless the mother comes after someone else, in which case the mother takes no

portion of the remained.

Article 920 – If the heirs of the deceased consist of several full brothers and sisters, or of several half – brothers and half – sisters on the father’s side, the share of a male will be twice that of a female.

Article 924 – If the deceased leaves ancestors and brothers and sisters (KALALEH), two – thirds of the estate goes to the heirs which have relationship on the side of the father; and in dividing up this portion the males take twice the portion of the females; and one – third goes to the heirs which have relationship on the mother’s side, and is divided among them equally; nevertheless, if the relations on the mo her ’s side consist of only one brother or one sister on the mother’s side, he or she will only be entitled to one – sixth of the estate.

Article 913 – In all the conditions mentioned in this subsection, whichever of the married pair is the survivor takes his or her, share and this share means one half of the estate for the surviving husband and one-quarter for the surviving wife, provided that the deceased left no children or grandchildren; and it means one – quarter of the estate for the husband and one – eighth for the wife if the deceased left children or children’s children. And the remainder of the estate is to be divided among the other heirs in accordance with the preceding Articles.

Article 942 – If there be more than one wife, the fourth or eighth part, which belongs to the wife, will be divided equally among them.

Article 946 – The husband takes inheritance from the whole of the effects of the wife; but the wife takes only from the following effects:

A – From the movable property, of whatever kind.

B- From building and trees.

These are most important articles in this background now I explain them.

According to Islamic law men can have 4 wives but women can’t, and women share is eighth and if man have 4 wives all of them together have eighth of heritage, moreover the share of a male will be twice that of a female this arbiter also state in KORAN “AL’NISA” it isn’t reasonable while jurisconsult said whereas man maintain family name and he supply expenditure of family but I don’t think they are good reason since in our society women are participant with men to supply family expenditure.

At the end I think these rules must variation and coincidence with society condition.

2) Persons

Societies wrought persons and they are most important pillar in all societies and governments know person’s value for their authority so they try to protect them legislation is the best way to do this; also I must say under Islamic law persons divided into body natural and body corporate; both of them have rights and tasks.

I must remind some of their rights and tasks are state in penal code & civil code; now I want talk about couple personal relation; if husband and wife nationals of the same country their personal relation will be subject to the laws of their country but if they aren’t nationals of the same country, this assumption said in article 963″ If husband and wife are not nationals of the same country, their personal and financial relations with one another will be subject to the laws of the country of the husband.”

Sentence about parents state in Article 964 ” Relations between parents and their children are subject to the law of the country of the father unless the only certain parentage of the child is that of its mother, in which case the relations between the two follow the laws of the country of the mother.”

Pursuant these articles we realize that woman is subordinate to her husband, as in Islamic belief that women faith are depend on her husband, we know most important things in people life is religious, when Islam said her religious depend on her husband her other things depend to him too. Because in Islamic catechism women haven’t volition also before marriage and after, before it her father is her guardian such as [articles 1043,1180,1181,1185 (I will describe them in next part)] and after marriage her husband will be her protector and woman need to his permission [articles 1233, 1117].

3) Guardianship

Under Iranian Islamic civil code guardian whom keep insolvents; and article 1207 specify insolvents” The following persons are considered as under disability and are forbidden to take possession of their property and their pecuniary rights:

1 – Minor children (under age)

2 – Persons who have not adolescent.

3 – Lunatics.”

Under age are persons that under age of majority and this age are different about boy or girl about this topic note 1 than article 1210 said “the age of majority for boys is fifteen lunar years and for girls nine lunar years.” This one of the most marvelous sentence, difference between boy and girl is six years, though these girls can’t deal in their property because she must be 18 years old but their guardians can marriage them, now I ask a question: woman whom 12 years old must buy some things for her family but the civil code doesn’t permission her bargain another question: can she claim her dowry in the court? Whereas she is under age and forbidden to deal in property and dowry is financial request so her guardian must complain for her but if she arrive to her right but court doesn’t pay her dowry to her rather give to her guardian.

Article 1208 defines the Persons who have not adolescent “by the words “persons who have not matured” is meant persons whose method of dealing in their property and rights is not in accordance with reason.”

Insane whom have problem in his/her mind and can’t do normally, article 1213said” A permanent lunatic and a periodical lunatic in his state of lunacy cannot make any intervention whatever in his property and his pecuniary rights even with the permission of his guardian. But judicial acts made by a periodical lunatic during a period of sanity are binding provided that his sanity is established.” This article divided insane into permanent lunatic and periodical lunatic.

Article 1233 state “a woman cannot accept guardianship without, the consent of her husband.” This is one of the articles that limit women, because under the Islamic thought women are incapable.

4) Nationality

Article 976 state Iranian subjects it say” The following persons are considered to be Iranian subjects:

1 – All persons residing in Iran except those whose foreign nationality is established; the foreign nationality of such persons is considered to be established if their documents of nationality have not been objected to by the Iranian Government.

2- Those born Iran or outside whose fathers are Iranian.

3 – Those born in Iran of unknown parentage.

4 – Persons born in Iran of foreign parents, one of whom was also born in Iran.

5 – Persons born in Iran of a father of foreign nationality who have resided at least one

More year in Iran immediately after reaching the full age of 18; in other cases their

Naturalization as Iranian subjects will be subject to the stipulations for Iranian

Naturalization lay down by the law.

6 – Every woman of foreign nationality who marries an Iranian husband.

7- Every foreign n who has obtained Iranian nationality

Note – Children born of foreign diplomatic and consular representatives are not affected by Clause 4 and 5 of this Article.”

Articles 986 & 987 state woman condition under civil code they said: Article 986 – A non – Iranian wife who may have acquired Iranian nationality by marriage, can revert to her former nationality after divorce or the death of her husband, provided that she informs the Ministry of Foreign Affairs in writing of the facts but a widow who has children from her former husband cannot take advantage of this right so long as her children have not attained the full age of 18. In any case, a woman who may acquire foreign nationality according to this Article cannot possess properties except within the limits fixed for foreign nationals. If she possesses landed properties more than those allowed in the case of foreign nationals, or if subsequently she comes into possession by inheritance of landed properties exceeding that limit, she must transfer by some way or other to Iranian nationals the surplus amount of landed properties within one year from the date of her renunciation of Iranian nationality or within one year from the date of her acquiring the inherited property. Failing this, the properties in question will be sold under the supervision of the local Public Prosecutor and the proceeds will be paid to her after the deduction of the expenses of sale

Article 987 – An Iranian woman marrying a foreign national will retain her Iranian

Nationality unless according to the law of the country of the husband the latter’s

Nationality is imposed by marriage upon the wife. But in any case, after the death of the husband or after divorce or separation, she will re – acquire her original nationality

Together with all rights and privileges appertaining to it by the mere submission of an

Application to the Ministry of Foreign affairs, to which should be annexed a certificate of the death of her husband or the document establishing the separation.

Note 1- If the law of nationality of the country of the husband leaves the wife free to

preserve her former nationality or to acquire the nationality of her husband, the Iranian wife who opts to acquire the nationality of the husband and who has proper reasons for doing so can apply in writing to the Ministry of Foreign Affairs and the Ministry can accord her request.

Note 2 – Iranian women who acquire foreign nationality by marriage have not the right to possess landed properties if this would result in the economic dominance of a foreigner.

The provisions of Article 988 so far as they concerns going out of Iran do not apply to the women above – mentioned.

For describe end of article 987 I state article 988 it say “Iranian nationals cannot abandon their nationality except on the following conditions

1 – That they have reached the full age of 25.

2 – That the Council of Ministers has allowed their renunciation of their Iranian Nationality.

3 – That they have previously undertaken to transfer, by some means or other, to Iranian nationals, within one year from the date of the renunciation of their Iranian nationality, all the rights that they possess on landed properties in Iran or which they may acquire by inheritance although Iranian laws may have allowed the possession of the same properties in the case of foreign nationals.

The wife and children of the person who renounces his nationality according to this

Article do not lose their Iranian nationality, whether the children are minors of age,

Unless the permission of the Council of Ministers allows them to renounce their

Nationality, and

4 – That they have completed their national military service.

Note A -Those who may venture to apply for the renunciation of their Iranian nationality according to this Article in favor of a foreign nationality must, besides carrying out the stipulations of Clause 3 of this Article, leave Iran within three months. If they fail to do so, the proper authorities will issue Deportation Orders for their expulsion and the sale of their properties. The above – mentioned prescribed period of grace may be extended Subject to the approval of the Ministry of Foreign Affairs up to a maximum period of one year.

Note B – The Council of Minister may in the course of approving the denunciation of

Nationality by an unmarried Iranian woman, approve of the denunciation of the

Nationality of her children provided that they are without father or paternal grandfather and are less than 18 years of age, or otherwise lack legal capacity. Also her children of less than 25 years of age can denounce their nationality in conformity with their mother’s for denunciation of nationality.”

5) Domicile

Article 1002 define domicile “the domicile of every person is the place wherein he lives and where also is the principal centre of his affairs. If the place or residence of a person is different from the principal centre of his affairs, the latter will be considered as his domicile.”

And about women domicile article 1005 state” The domicile of a married woman is the same as that of her husband.

Nevertheless where the husband has no known domicile and also when the wife has a

Separate domicile with the consent of her husband or by sanction of a court, she can have a separate domicile.”

Because women are under their husband and their husband can elect their wife domicile.

6) Continuously Absent Persons

Continuously Absent Persons define in article 1011 – A continuously absent person whose whereabouts are unknown is a person who has been absent for a comparatively long duration of time and no news whatever have been received from him.

Under article 1029 if woman miss her husband she must wait 4 years and if he return she can go to court and sue divorce article 1029″ If a man has been for four years continuously absent with unknown whereabouts, his wife can apply for a divorce The judge will then grant the divorce subject to the stipulations of Article 1023.” But this article state she must do article 1023″ In cases coming under Articles 1020″ The following cases are of those in which a continuously absent person cannot ordinarily be supposed to be alive:

1 – When 10 full years have passed from the date of the last news received as to the life of the continuously absent person and at the expiry of the period his age has surpassed 75.

2 – When a person was included in an armed force under any denomination and

Disappeared during the war and till three years after the conclusion of peace no news is received from him. If the war is not terminated by the conclusion of a peace agreement, the period in question must be reckoned as five years from the date of conclusion of the war.

3 – When a man engaged in a sea voyage was on board of a ship which was wrecked in that voyage and three full years have passed from the date of wreckage of the ship in question and no news is received from him.”, 1021″ In the case of the last Clause of the above Article if after the expiry of the following periods of time from the date of departure of the ship the latter does not arrive at its destination, or if it has not returned to the port of departure in the case where it has set out without determined destination and there is no news of its existence, the ship in question will be considered as destroyed

A – For voyages in the Caspian Sea and inside the Persian Gulf, one year.

b – For voyages in the Sea of Oman, the Indian Ocean, the Red Sea, the Mediterranean Sea, the Black Sea and the Sea of AZOF, two years.

c – For voyages in other cases, three years.” and 1022″ If a person meets the danger of death or disappears in consequence of accidents other than those mentioned in Clause 2 and 3 of Article 1020 or if he has been in an airplane and the latter has disappeared a judgment of his presumed death will only be issued when five years have passed from the date when he met with the danger of death and during that period no news have been received showing that the man was still alive. “, the court can only issue the judgment of presumed death of a continuously absent person when a notice has been published for three consecutive times each with an interval of one month from the other in one of the local newspapers and one of highly circulated papers of Tehran inviting the persons who may have news of the man to convey their information to the court and when after the expiry of one year from the date of the first publication of this notice , the fact that the man is alive is not proved. ”

Article 1028 state ” The trustee who is to be appointed for the administration of the estate of a continuously absent person whose whereabouts are unknown must pay off the property of the continuously absent person the cost of living (NAFAQEH) of the permanent wife or the temporary wife of the continuously absent person duration of marriage has not yet expired and to whom the continuously absent person has undertaken to pay the cost of living. He should also pay out of the property of the continuously absent person the cost living of his children. If any difference arises as to the fixing of the amount of cost of living, the court must determine the amount. “

And article 1030 state ” If the continuously absent person on returns after the occurrence of the divorce and before the expiry of the period of UDDEH’ time, he has the right to cancel the divorce (RUJU) but if the UDDEH period has already expired, his right will be extinguished.”

According these articles wife must stay 4 years after her husband was absent means she can’t marriage in this time after it she must keep UDDEH that for death is 4 months and 10 days altogether she must stay 5 years for her husband for respect to him but if wife has absent her husband can marriage the day after it???!!!

A question if there isn’t any one to pay NAFAQEH (money for her expenditure such as house, food, clothing…) to her what she can to do? Should she stay? Iranian law doesn’t answer to this question.

7) Marriage, temporary marriage, Dowry and Divorce

Marriage in traditional societies as Iran has some complicated rites and both boy & girl must respect to them, also 20 years ago bride & groom can’t see themselves before marriage though it exist now in some families; some of girls have imposed marriage or have to marriage when they are under age or they have to marriage with men as their father.

Reason of these problems: 1. most of girls haven’t enough knowledge about their rights; 2. traditional society and family 3. Islamic jurisprudence that says girls must marriage before their period. 4. Legal problems: Iranian Islamic law has articles that about girl’s marriage.

Now I want explain legal articles about marriage & divorce.

7-1) marriage

Under Islamic law first you must ask from her to marriage this said in article 1034″ It is lawful to ask for the hand of a woman to whose marriage there is no obstacle. “

Obstacle to marriage said in articles 1045 up to 1061, I want express these articles then explain them.

Article 1045 – Marriage with the following relations by blood is forbidden, even if the

Relationship is based on mistake or adultery:

1- Marriage with father or grandfather, mother or grandmothers, or to their ancestors to whatever generation.

2 – Marriage with children, or descendants to whatever generation.

3 – Marriage with the brother and sister and their children, or their descendants to whatever generation.

4 – Marriage with one’s own paternal aunts and maternal aunts and those one’s father,

Mother, grandfathers and grandmothers.

Under Islamic law mistake in rape means you mistake in people that you rape with him/her or mistake in canon means you don’t know rules of rape.

Article 1046 – Foster – relationship is the same as relationship by blood as far as

Impediments to marriage are concerned, provided that:

Firstly – The milk of the woman takes its source from a legitimate conception.

Secondly – The milk is sucked directly from the breast.

Thirdly – The child has at least had full milk for 24 hours (one night and on day) or for 15 consecutive times without taking in between any other food or milk of another woman.

Fourthly – The child has taken the milk before it has reached the full age of two years

(From its birth): and

Fifthly – The milk taken by the child is from the same woman with the same husband. If, therefore, a child takes during twenty – four hours some milk from one woman and some from another, this fact does not debar marriage even if the two women have a common husband.

In the same way, if a woman has a foster – daughter and a foster – In the same way, if a woman has a foster-daughter and a

Foster – son whom she has milked each from the milk belonging to a separate husband,

That son and daughter cannot be considered as foster brother and sister and their marriage is not prohibited for this reason.

Article 1047 – Marriage between the following persons is permanently forbidden because of relationship by marriage.

1 – Marriage, between a man and his mother – in. – law or his grand – mother – in – law of any degree, whether the relationship is by blood or foster – relationship

2 – Marriage between a man and woman who has formerly been the wife of his father or of one of his grandfathers, or of his son or of one his grandchildren even though the

Relationship may be of the foster kind.

3 – Between a man with females of descent from his wife, no matter of what degree no

Exception being made even if the woman is a foster – relation, provided that the husband and wife have already consummated the marriage.

Article 1048 – Marrying of two sisters by the same time by one man is forbidden even if the marriage of each one of them is of temporary nature.

Because when you marriage with woman you have some of relationship with her family that you can’t marriage with her sister or mother as under Islamic law you can have 4 permanent wives and unlimited temporary wives “KORAN SURAH AL’NISA AYEH 3″

Article 1049 – No one can marry the daughter of his brother – in – law or the daughter of his sister – in – law unless his wife permits him to do so.

Article 1050 – Every person who marries a woman knowing of the existence of marriage ties binding the wife and of prohibition of his own marriage with that woman, or who marries a woman who has not yet passed the period of “UDDEH” of divorce or of death, with knowledge of the existence of the “UDDEH” and the prohibition of the marriage, his marriage will be null and void and the woman in question will definitely and permanently be incapable of becoming the wife of that man.

Under article 643 in penal code punishment for this act is prison six month up to three years” I explain this article in next part”

Article 1051 – The provisions of the foregoing Article will also be applicable in the case where the marriage was solemnized with ignorance of all or some of the facts mentioned in the foregoing Article, and the marriage has been consummated. In the case of ignorance, but where matrimonial relations have not taken place, the marriage will be null and void but marriage between the two does not become permanently prohibited.

Article 1052 – Separation caused by a solemn imprecation (LI’AN) involves a permanent bar to the marriage of the parties concerned.

LI’AN is jurisprudence rule and only man can do it not woman thus they go to court and man stand in right side oh judge and woman stand in left side of judge man says she is adulteress and swear he said true and if he prevaricate GOD agonize him then woman say he is liar and if she whiff, GOD agonize her.

Article 1053 – A marriage contract will not be valid while the party concerned is covered with the pilgrimage garment. If the party concerned marries with knowledge of the fact that such a marriage is prohibited, the marriage will be barred forever.

This occurs when people go to MAKKAH & MADINAH.

Article 1054 – Adultery with a married woman who has not yet passed the period of

IDDEH will entail a permanent bar to the marriage of the parties concerned.

Though under Islamic penal code if anyone adultery with a married woman he condemn to death.

Article 1055 – Sexual intercourse by mistake or by adultery if preceding marriage is

Tantamount to the existence of marriage as far as prohibition of marriage is concerned but cannot cause cancellation of the former marriage.

Article 1056 – One who perpetrates a shameful act on a boy cannot marry his mother,

Sister or daughter.

Shameful act in this article means sodomyh also it must occur before marriage not after, if it occurs after sodomyh marriage is authentic.

Article 1057 – A woman who has been the wife of a man for three consecutive times and has been divorced each time will become unlawful as wife to that man unless she is married by permanent marriage to another man and, after matrimonial relations with that man, separation occurs between them by divorce or cancellation of the marriage or death.

Article 1058 – The wife of a person who has been divorced from him nine times, six of which were revocable divorce, will be illegal as wife to that man for ever.

It so difficult to explain this for you, I trying to show this to you it means a man marriage with woman and divorce her three times in this condition if he want marriage again his wife must marriage with another man in have sexual intercourse with him then he divorce her so she can marriage with her first husband and if repeat once again they must redo this act and they can marriage again but if he divorce his wife three times again he can’t marriage with her again until death.

Article 1059 – Marriage of a female Moslem with a non – Moslem is not allowed.

Article 1060 – Marriage of an Iranian woman with a foreign national is dependent, even in cases where there is no legal impediment, upon special permission of the Government.

Article 1061 – The Government can make the marriage of certain Government servants and officials and students supported by the Government with a female foreign national dependent upon special permission.

Moslem woman can’t marriage with a non-Moslem man and Iranian woman can’t marriage with a foreign man and need to permission of government but Moslem man can temporary marriage with non-Moslem but not permanent.

Marriage condition

Boy and girl must potency for marriage this condition state in article 1041″ Marriage before the majority age is prohibited, majority age for girls is 9 and for boys is 15; Marriage before puberty by the permission of the Guardian and on condition of taking into consideration the ward’s interest is proper.”

According to Islamic law girl’s puberty is 9 and boy is 15, jurisprudence highbrow belief that girl’s puberty is 9 and boy is 15 but scientific research show their opinion isn’t true and girl’s puberty is 13 and boy is 14 but Iranian legislator accept jurisprudence highbrow opinion.

According to article 1043 “The marriage of a girl who has not married previously is dependent on the permission of her father or her paternal grandfather even if she has reached the full age of majority. If, however, the father or the paternal grandfather withhold the permission without justifiable reason, the girl can refer to the Special Civil Court giving full particulars of the man whom she wants to marry and also the terms of the marriage and the dowry money agreed upon and notify her father or her paternal grandfather through that Court of the foregoing particulars The Court can issue a permission for marriage fifteen days after the date of notification to the guardian if no response has been received from the guardian to satisfy refusal.” Virgin girls can’t marriage without permission of their father or paternal grandfather even if she has reached the full age of majority; because jurisconsult belief girls can’t recognize their advantage and need to guardian they say girl’s sentiment excel of their wisdom. Now what she to do if father or the paternal grandfather is not present in the place or obtaining their permission? Answer of this question state in article 1044″ If the father or the paternal grandfather is not present in the place and obtaining their permission is customarily impossible and the girl is in need of marriage, she can marry. Note – Registration of such a marriage in the Marriage Registry shall be pending on proving the above – cited instances in the Special Civil Court.”

7-2) TEMPORARY MARRIAGES

Under Iranian Islamic civil code marriage divided into permanent & temporary.

Permanent marriage is current in all societies but temporary marriages need to explain because it only prevalent in Iran and SHIA, as other Moslem schools doesn’t accept this. Though MOHAMMAD and 12 SHIA IMAM have temporary marriages, also polygamy belong to men not women, their reason for this sentence is story of IMAM ALI that he said if woman have several husband we can’t find out father of her child. Temporary marriage state in articles “1075 – Marriage is called temporary when it is for a limited period of time.

1076 – The duration of the temporary marriage must be definitely determined.

I077 – In the case of temporary marriage, provisions concerning inheritance of the wife and her dowry are the same as fixed in the Chapter on inheritance’ and in the following Chapter.”

Time of temporary marriage and dowry must be definite if one of these elements not given marriage contract will be dissolved. But in this kind of marriage legislator doesn’t dope divorce and dope waiver of the remaining period for man; main purpose of this marriage is only orgasm for man and money for women and “KORAN SURAH AL’NISA AYEH 24″ said this sentence.

7-3) Dowries

Dowry is property that man must pay to woman for marriage and article 1078 state” Anything which can be called property and which can be owned and possessed can be designated as a marriage portion.” And article 1082 state” Immediately after the performance of the marriage ceremony the wife becomes the owner of the marriage portion and can dispose of it in any way and manner that she may like.” But new bylaw said when man has money for pay dowry woman can demand it.

And article 1083 said man can installments dowry “duration of time or installments can be fixed for the payment of the marriage portion, as a whole or in parts.”

Article 1089 – Authority for fixing the marriage portion can be entrusted to the husband or a third party, in which case both of them can fix it at any amount they may wish.

Article 1090 – If the authority for fixing the marriage portion is vested in the wife, she

Can’t fix an amount which exceeds reasonable marriage portion.

These articles are about fixing the marriage portion but woman authority is limited and she can’t fix an amount which exceeds reasonable marriage portion. Reasonable marriage portion or “MAHR’O'SUNNAH” is dowry of MOHAMMAD wives which 600 DERHAM equivalent 60 DYNAR or 1550 us dollars (2007/03/23).

Article 1092 state “If the husband divorces his wife before the consummation of marriage (intercourse), the wife be entitled to half of the marriage portion and if the husband has already paid more than half of the marriage portion he has the right to demand the return of the surplus, in original, in the equivalent, or in va1ue.” If couple don’t determine dowry and before intercourse husband divorce his wife he must pay reasonable marriage portion (MAHR’AL’MOTEH) it means property that man pay woman by his status in respect of wealth or poverty it may ring or regalia, if husband intercourse with his wife he must pay equivalent of marriage portion (MAHR’AL’MESL) it means dowry same women similar her in family, wealth and …

Article 1093 – If no marriage portion is mentioned in the act of marriage and the husband divorces his wife before the consummation of marriage (intercourse) and the fixing of the marriage portion, the wife is entitled to a reasonable marriage portion, and if she is divorced after the consumption of marriage (intercourse), she will be entitled to the equivalent of marriage portion.

Article 1094- The status of the man in respect of wealth or poverty will be considered in fixing the reasonable marriage portion.

Article 1101 – If the marriage is cancelled before matrimonial relations for any reason,

The wife is not entitled to any marriage portion. If the reason of cancellation is impotency, the wife will be entitled to half the marriage portion notwithstanding the

Cancellation of the marriage. Impotency means man can’t have intercourse with his wife so she cans cancellation the marriage and husband must pay half the marriage portion to her.

Article 1105- In relations between husband and wife; the position of the head of the

Family is the exclusive right of the husband. It means woman must obey her husband, if she deny of his order or change her behavior with him she will be disobedient and husband can drub him. (KORAN SURAH AL’NISA AHEH 34).

Article 1106 – The cost of maintenance of the wife is at the charge of the husband in

Permanent marriages.

Article 1107 – Cost of maintenance includes dwelling, clothing, food, furniture in Proportion to the situation of the wife, on a reasonable basis, and provision of a servant if the wife is accustomed to have servants or if she needs one because of illness or defects of limbs.

Article 1108 – If the wife refuses to fulfill her duties without legitimate excuse, she will not be entitled to the cost of maintenance.

Legitimate excuse means period, sick, IHRAM (pilgrimage clothing).

Article 1114- The wife must stay in the dwelling that the husband allots for her unless

Such a right is reserved to the wife. We understand of this article that her communiqué must send to her husband home.

According to article 1117 – The husband can prevent his wife from occupations or technical work which is incompatible with the family interests or the dignity of himself or his wife. Legislator doesn’t define meaning of incompatible and courts determine it according to usage; if before marriage woman work hi husband can’t prevent with her work and woman can provision her work under marriage contract this commentary understand from article 1119″ The parties to the marriage can stipulate any condition to the marriage which is not incompatible with the nature of the contract of marriage, either as part of the marriage contract or in another binding contract: for example, it can be stipulated that if the husband marries another wife or absents him self during a certain period, or discontinues the payment of cost of maintenance, or attempts the life of his wife or treats her so harshly that their life together becomes unbearable, the wife has the power, which she can also transfer to a third party by power of attorney to obtain a divorce herself after establishing in the court the fact that one of the foregoing alternatives has occurred and after the issue of a final judgment to that effect.”

Article 1118 – The wife can independently do what she likes with her own property.

This is the most important article in this code because with other articles readers suppose woman can’t do any things with her property with out her husband permission.

THE POSSIBILITY OF CANCELLATION OF MARRIAGE

Article 1121 – Madness of either of the married couple, provided that it is settled, whether it is permanent or recurrent, will give the other person the right of cancellation.

Article 1122 – The following defects in man will give the woman the right to cancel the marriage

1 – Castration.

2 – Impotency provided he has not even once performed the matrimonial act.

3 – Amputation of the sexual organ to the extent that he is unable to perform his marital duty.

Article 1123 – The following defects in a wife brings about the right for a man to cancel the marriage:

1 – Protrusion of the womb (QARAN).

2- Black leprosy (JUZAM).

3 – Leprosy (BARAS).

4- Connection of the vaginal and anal passages (IFZA).

5 – Being crippled.

6- Being blind in eyes.

These articles state condition of cancellation: madness though after marriage or before made right of cancellation; this type of legislation have problem because if man being crippled or being blind in eyes or leprosy or black leprosy, legislator can’t compel woman to life with him, on the other hand legislator must say principle not sample; if Connection of the vaginal and anal passages (IFZA) occur after marriage(if woman under age) woman will entail a permanent bar to the marriage of the parties concerned and husband must pay her alimony until he or she alive, unless she is adult when she married which they can continue their wedlock. If man & woman aware than other one disease he/she can’t cancellation the marriage contract.

7-4) Divorces

A divorce is the best way for couple can’t undergo matrimony, and with divorces they will free; but in some countries as Spain divorce right doesn’t foresight for couple and when they can’t life together maybe they go to other country that recognition divorce right; so for abstinence from this problem Iranian legislator foresight this right also in Islam we see divorce right and in KORAN we see SURAH about divorce; but there is a problem under Islam divorce right is foresight for men not women, but recently women trying to take divorce right and they succeed some deal.

Article 1133″man with observe to condition in this code can refer to court and sue divorce his wife.

Note: woman with observe to condition in articles (1119&1129&1130) can refer to court a sum divorce.

Article 1119 – The parties to the marriage can stipulate any condition to the marriage

Which is not incompatible with the nature of the contract of marriage, either as part of the marriage contract or in another binding contract: for example, it can be stipulated that if the husband marries another wife or absents him self during a certain period, or

discontinues the payment of cost of maintenance, or attempts the life of his wife or treats her so harshly that their life together becomes unbearable, the wife has the power, which she can also transfer to a third party by power of attorney to obtain a divorce herself after establishing in the court the fact that one of the foregoing alternatives has occurred and after the issue of a final judgment to that effect.

Article 1129 – If the husband refuses to pay the cost of maintenance of his wife, and if it is impossible to enforce a judgment of the court and to induce him to pay the expenses, the wife can refer to the judge applying for divorce and the judge will compel the husband to divorce her.

The same stipulation will be binding in a case where the husband is unable to provide for the maintenance of the wife.

Article 1130 – In the following circumstances, the wife can refer to the Islamic judge and request for a divorce. When it is proved to the Court that the continuation of the marriage causes difficult and undesirable conditions, the judge can for the sake of avoiding harm and difficulty compel the husband to, divorce his wife. If this cannot be done, then the divorce will be made on the permission of the Islamic judge.

Though refuses to pay the cost of maintenance is one of the sample of undesirable conditions (OSR’VA’HARAJ).

Article 1143 – There are two forms of divorce, irrevocable divorce and revocable divorce.

Article 1144 – After an irrevocable divorce the husband has not the right to renounce his intention of divorcing.

Article 1145 – A divorce is irrevocable in the following instances

1 – A divorce performed before the occurrence of matrimonial relations

2- Divorce of a wife who is incapable of conception.

.3 – (a) a divorce which a wife achieves by giving a consideration to her husband and

(KHUL’A) and (b) a divorce by mutual consent (MUBARAT), as long as the wife has not demanded the return of the c3nsideration.

4 – A third divorce, performed after three consecutive marriages (of the same parties)

Whether by mere renouncement by the husband of his desire to divorce the wife or by a new marriage between the two parties.

Article 1146 – A KHUL’A divorce occurs when the wife obtains a divorce owing to dislike of her husband, against property which she cedes to the husband. The property in question may consist of the original marriage portion, or the monetary equivalent thereof, whether more or less than the marriage portion.

Article 1147 – A “MUBARAT” divorce occurs when the dislike is mutual in which case the compensation must not be more than the marriage portion. Article 1148 – The husband has the right to renounce divorce in a revocable divorce

Provide the period of “IDDAH” has not expired.

Article 1149 – Return to the wife after divorce can be affected by any word or deed which may convey the idea, provided that it is based on an intention to do so.

Wife’s period of Waiting (IDDAH)

Article 1150 – IDDAH consists of a period during which a woman whose matrimonial bond has been dissolved cannot marry.

Article 1151 – The period of IDDAH for a divorce or for the dissolution of a marriage

consists of three consecutive monthly periods of a woman unless the woman concerned though of child bearing age has no monthly period, in which case the period of IDDAH will be three months.

Article 1154- The period of IDDAH in the case of death (of husband) in both permanent and temporary marriages will be four months and ten days, unless the wife is pregnant when the IDDAH comes to an end with the birth of the child provided that the interval between the death of the husband and the birth of the child is longer than four months and 10 days: if not, the period of IDDAH will be the same four months and 10 days.

This sentence issue for respect to husband but if man’s wife die he can marriage the day after her death and don’t need to respect to her.

Article 1155 – There is no IDDAH in the case of a wife who has not had any matrimonial intercourse with her husband, or in the case of a wife beyond the age of Conception who is not affected by any IDDAH for divorce or for dissolution of marriage. But the IDDAH for death must be observed in both cases.

This is briefly of Islamic civil law in Islamic republic of Iran I try to explain the most important articles that correlate to humanity; I hope it can be useful for you to understand Islamic idea about private relation. In next article I try to explain Islamic treaty law.

I am considering doing an LLB in a prestigious university abroad. (Trinity College Dublin) mainly because I cant afford to go to America for undergraduate.

Does the top american law schools get many foreign applicants who have already done a bachelors in law?

If so, and they want to practice law in America (e.g. New York) what degree do they usually do in the american law school?

LLM or JD?

[I am hoping that good GPA, Lsat score will get me into a prestigious law schhol, this will be 2014, hopefully the economy will be better]

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Going through the rest part of this article, you will be able to see just how important the online degrees can be too many people.

The manufacturing areas in many fields are growing, for that cause if you are taking into consideration online degrees take into account which degrees can reward you. Once more, healthcare, technology and business are on the rise which will promptly pay quiet money to any schooling costs. Considering the outcome of earning a degree online as greatly so as considering about the kind of degree you want to achieve.

Think about; criminal justice degrees are obtainable at the online educational programs. Thinking about this degree, we see the choices of studying about law, courts, juvenile courts, politics, government, correctional justice, regulations, society and ethnics, moral, history of law, crime and other areas of learning come together while earning a degree in this field.

You pay around $15,000 at few online universities to earn a degree in this field. At some online schools, you can get away with an associate degree which offers comparable qualifications in the workplace, paying only a thousand for the degree. Nevertheless, once you complete the degree and choose to work in the law enforcement, most times, you will earn fewer than $30,000 per year, and be in danger at all times.

In comparison, you can imagine that it will take you longer overall to repay your school costs, yet it will occur. On the other hand, you can choose a degree in the healthcare industry. You can shell out about $15,000 for a bachelor’s in healthcare management. On the other hand, perhaps somewhere an online school is proposing healthcare management courses for less, say around $2000. Throughout the course of earning your degree somewhere in between, you can establish work in the healthcare industry. You may begin as an intern, but slowly work into a specialist in the healthcare industry.

During your first year as an intern, you may make around $30,000 or more annually. During your first specialist year in the workplace, you may earn more than $60,000 annually. After you move ahead, you will begin making more in the industry. As you can see in the first year, you paid for your degree twice and made no income expenses. However, after the next year of work after the IRS finishes getting their cut, you have more than doubled your money and paid for the time you used up going to online universities.

Thus, what is the gain of earning a degree in a field where your earnings seldom increases? Sure, you can land a paying job in particular fields that propose better wages, but still is the time really worth it? Is your life really worth it?

As you can see, what is inside you factors into earning a degree on or offline?  If you want to become a law official then the low annual gross earnings won’t concern you. On the other hand, if you want to earn big cash at your work, then certain online degrees are more to your benefit than other online degrees have to offer.

The next time you have questions regarding online degrees, you can refer back to this article as a handy guide.